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Ordinance 2012-05

ORDINANCE NO. 2012-05
AN ORDINANCE AMENDING THE JOHNSON
MUNICIPAL CODE TO PROVIDE FOR A NO KNOCK
LIST OF CITY RESIDENTS WISHING TO AVOID
UNINVITED PEDDLERS AND SOLICITORS AND FOR
OTHER PURPOSES.
WHEREAS, the practice of going in or upon private residences in the City of Johnson,
Arkansas by peddlers or solicitors of merchandise not having been requested or invited to do so
by the owner or occupant of said private residences for the purpose of peddling or soliciting
orders for the sale of goods, wares and merchandise is an infringement on said owner or
occupants right to privacy or quiet enjoyment of their home;
WHEREAS, the Johnson Police Department has related activities of solicitors and
peddlers to potential criminal activity based upon reports of residents;
WHEREAS, the City Council for the City of Johnson, Arkansas finds that citizens who
desire that they not be contacted at their private residences within the City of Johnson, Arkansas,
should have a method whereby they can protect their privacy and quiet enjoyment of their home;
WHEREAS, The City Council finds that the Johnson Municipal Code is in need of
amendment to provide a lawful by which citizens who do not want to be contacted by peddlers or
solicitors can have their privacy and quiet enjoyment of their home protected;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JOHNSON, ARKANSAS, That:
Section 1: The Johnson Municipal Code, Title 4, is hereby amended by adding
Chapter 4.50 as follows:
Chapter 4.50
NO KNOCK LIST
Sections:
4.50.01 Definitions
4.50.02 Duties of Recorder-Treasurer under this Chapter
4.50.03 Principal Permit
4.50.04 Permit For Peddlers/Solicitors
4.50.05 Duties of Peddler or Solicitor
4.50.07 Prohibition When Signs are Posted
4.50.09 Hours Restricted
4.50.10 Penalty
4.50.13 Exemptions
4.50.15 Revocation of Permits
Section 4.50.01
Definitions. The following words, terms and phrases and their derivations, when used in this
ordinance, shall have the meanings ascribed to them below, except where the context clearly
indicates a different meaning:
(1) City means City of Johnson, Arkansas.
(2) Peddler means any person who goes upon the premises of any private residence in
the City, not having been invited by the occupant thereof, carrying or transporting
goods, wares merchandise or personal property of any nature and offering the
same for sale.
(3) Peddling includes all activities ordinarily performed by a peddler as indicated in
the previous paragraph.
(4) Principal means the person or other legal entity whose goods, merchandise,
personal property or services are being peddled or solicited.
(5) Solicitor means any person who goes upon the premises of any private residence
in the City, not having been invited by the occupant thereof, for the purposes of
taking or intending to take orders for the sale of goods, wares, merchandise or
other personal property of any nature for future delivery, or for sendees to be
performed in the future.
(6) Solicitation or soliciting includes all activities ordinarily performed by a solicitor
as indicated in the previous paragraph.
(7) Violation of this Ordinance/Code means:
a) Doing an act that is prohibited or made or declared unlawful herein.
b) Failure to perform an act that is required to be performed by this ordinance.
c) In this Code "violation of this Ordinance/Code" does not include the failure of
a city officer or city employee to perform an official duty, unless it is provided
that failure to perform the duty is to be punished as provided in this section.
d) If a violation of this Ordinance/Code is also a misdemeanor under state law,
the penalty for the violation shall be as prescribed by state law for the state
offense.
e) The imposition of a penalty does not prevent revocation or suspension of a
license, permit or franchise.
f) Violations of this Code that are continuous with respect to time, are a
public nuisance and may be abated by injunctive or other equitable relief.
The imposition of a penalty does not prevent equitable relief.
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Section 4.50.02
Duties of Recorder-Treasurer under this Ordinance. The Recorder-Treasurer is hereby
directed to prepare and maintain a list of the names and addresses of all residents of the city who
desire no peddling or soliciting at their residence. The said residents of the city who desire for
their name to be placed on this list may do so by contacting the Recorder-Treasurer in person, by
phone, by mail, or via the City website. The No Knock list shall expire at the end of each
calendar year. Each resident must register every year. Beginning on November 1, residents may
register for the following year. The Recorder-Treasurer will ensure that the "Do Not Knock" list
will be updated every 30 days.
Section 4.50.03
Principal Permit. No peddling or solicitation shall be conducted within the City without
a principal permit being issued. The cost for the principal to obtain a principal's permit is
$40.00, and shall be paid to the Recorder-Treasurer before any peddling or soliciting is
conducted within the City. The permit shall expire on December 31 the year the permit is
issued. In addition to the principal's permit, the principal must also comply with the
City's occupational license requirements under Title 4 of the Johnson Municipal Code.
To obtain a permit, a representative of the principal shall provide to the Recorder-
Treasurer a written, signed application stating:
(1) the name, address, telephone number, type of organization, and
contact person for the principal applicant;
(2) the nature of the products or sendees involved;
(3) the proposed method of operation in the city;
(4) a list of persons who will peddle or solicit in the city on behalf of
the principal in the city.
Section 4.50.04
Permit for Peddlers/Solicitors. In addition to the principal permit, each peddler or
solicitor acting for the principal shall also obtain a permit from the Recorder-Treasurer
before peddling or soliciting within the City. The cost to obtain a peddler/solicitor permit
is $5.00. In applying for the permit, each applicant shall provide the following to the
Recorder-Treasurer:
(1) the name of the principal applicant for whom they are going to act
as a peddler or solicitor;
(2) the name, address, and telephone number of the person who is
going to act as a peddler or solicitor, and in addition, they must
also provide photo identification;
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(3) a signed statement under oath that the person applying to be a
peddler/solicitor has not been convicted of any felonies or any
misdemeanors involving theft, sexual offenses, or drug offenses.
(4) a criminal background check from the Arkansas State Police which shows
that the peddler or solicitor has not been convicted of any felonies, or any
misdemeanors involving theft, sexual offenses, or drug offenses. No
person shall be issued a permit as a peddler or solicitor that has been
convicted of any of the offenses set out herein.
Section 4.50.05
Duties of Peddler or Solicitor. Each person peddling or soliciting within the City shall
have a copy of their permit issued by the Recorder-Treasurer, photo identification visible,
which is provided by the principal, identifying the person peddling or soliciting, and a
copy of the most recent "Do Not Knock" list. It is a violation of this ordinance for the
person peddling or soliciting to not have a copy of their permit, photo identification as
described above, and a copy of the most recent "Do Not Knock" list.
It shall be unlawful for any peddler or solicitor to remain on the property of
another when requested to leave, or to otherwise conduct business in a manner which a
reasonable person would find obscene, threatening, intimidating or abusive.
It shall be unlawful for any peddler or solicitor to make any false or misleading
statements about the product or service being sold, including untrue statements of
endorsement. No peddler or solicitor shall claim to have the endorsement of the city
solely based on the city having issued a permit, license or certificate to that person.
Section 4.50.07
Prohibition when Signs are Posted. It shall be unlawful and a violation of this Ordinance/Code
for any person, while conducting the business of a peddler or solicitor, to enter upon any
residential premises in the city where the owner, occupant or person legally in charge of the
premises has posted, at the entry of the premises3 or at the entry of the principle building on the
premises, a sign bearing the words "no peddlers," "no solicitors," "no trespassing," or words of
similar import.
Section 4.50.09
Hours Restricted. No person while conducting the activities of peddler or solicitor shall enter
upon any private residence, knock on doors, or otherwise disturb persons in their residence
between the hours of 8:00 p.m. and 10:00 a.m.
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Section 4.50.10
Penalty. Any violation of this Ordinance shall be deemed a nuisance and punishable by a fine of
not less than $10.00 nor more than $75.00 for a first offense and not less than $50.00 nor more
than $150.00 for a second or subsequent offense, plus costs of the action.
Section 4.50.13
Exemptions. The following shall be exempt to all provisions of this ordinance:
(1)
(2)
Officers or employees of the city, county, state, or federal
government, or any subdivision thereof when on official business;
Charitable, religious, non-profit organizations, any political campaign on
behalf of (or in opposition to) any candidate for public office or other
similar civic, charitable or non-profit organization.
Section 4.50.15
Revocation of Permit. Any permit issued pursuant to the provisions of this ordinance
may be suspended or revoked for good cause by the City Council. Good cause for such
suspension or revocation shall include any violation of this ordinance, or commission of a
criminal act while soliciting or peddling or if such criminal act was in any way connected
to soliciting or peddling. The procedure for suspension or revocation under this
ordinance shall be as follows: If the Recorder-Treasurer is notified of violations as set
forth above, he/she shall notify the Principal and Solicitor/Peddler of such alleged
violations and advise them that the matter will be brought before the City Council at a
time and on a date certain not sooner than fifteen days from the date the Notice is sent.
The Notice shall state that the City Council will consider whether to suspend or revoke
their principal's permit and/or their peddler/solicitor's permit. The Notice shall be sent
by regular mail, postage prepaid, to the addressees on the applications and by electronic
means if an email or voice number is provided on the applications.
Section 2: All ordinances/code sections in conflict herewith are repealed to the extent
of such conflict.
PASSED AND APPROVED this 12th day of June 2012.
BUDDY CU
ATTEST:
Jennifer Allen
coj No Knock list Ord
Recorder-Treasurer